CKJ v Children’s Guardian [2018] NSWCATAD 117

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CKJ v Children's Guardian [2018] NSWCATAD 117 Hearing dates: 15 February 2018 Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member D Crowley, General Member Decision: (1) The respondent's decision made on 30 September 2016 to cancel the applicant's working with children check clearance is set aside.

(2) In substitution for that decision a decision is made to grant the applicant a working with children check clearance. Catchwords: ADMINISTRATIVE REVIEW – review of a decision of the respondent to cancel the applicant's working with children check clearance – the applicant was a former authorised carer who had her authorisation cancelled following allegations made against her by two boys in her care – the allegations were investigated and found sustained – in 2017 the District Court found that the findings of the allegations was unreliable and care orders were made granting the applicant parental responsibility of a child who had been in her care – whether the allegations made – whether the allegations made by the boys were such that the applicant poses a risk to the safety of children Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Child Protection (Working with Children) and other Child Protection Legislation 2016 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Commission for Children and Young People Act 1998 (NSW) (Repealed) Community Services (Complaints, Reviews and Monitoring) Act 1993 Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Working with Children Act 2005 (Vic) Cases Cited: BJB v NSW Office of the Children's Guardian (No 2) [2014] NSWCATAD 164 BKE v Office of the Children's Guardian & Anor [2015] NSWSC 523 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 BSR v Office of the Children's Guardian [2015] NSWCADTAD 264 CKJ v Life Without Barriers [[2016] NSWCATAD 70 Commission for Children and Young People v V [2002] NSWSC 949 Commissioner for Children and Young People v FZ [2011] NSWCA 11 CTM v Children's Guardian [2016] NSWCATAD 280 CZZ v Children's Guardian [2018] NSWCATAD 56 Eckersley and Minister for Capital Territory (1979) 2 ALD 303; [1979] AATA 59 FZ v Commissioner for Children and Young People [2010] NSWSC 1144 Holbrook and Australian Postal Commission (1983) 5 ALN N46, [1983] AATA 40 ICM Agriculture Pty Ltd v The Commonwealth [2009] HCA 51, (2009) 240 CLR 162 M v M [1988] HCA 68; (1988) 166 CLR 69 Minister for Immigration and Ethnic Affairs v Pochi (1980) 4 ALD 139, (1980) 44 FLR 41, [1980] FCA 85 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1 Re: A Foster Carer v Department of Family & Community Services [2017] NSWDC 360 ZZ v Secretary, Department of Justice [2013] VSC 267 Category: Principal judgment Parties: CKJ (Applicant) Children's Guardian (Respondent) Representation: Counsel: P Brain (Applicant) V Hartstein (Respondent)